SB 981 
.flS 
1917 
Copy 1 



020 973 101 %, 



Metal Edge, Inc. 2007 PAX 



SB 981 

.ns 

1917 
Copy 1 




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., THE PLANT QUARANTINE ACT, AUGUST 20, 1912, AS AMENDED 
' ' MARCH 4, 1913, AND MARCH 4, 1917. 

AN ACT To regulate the importation of nursery stock and other plants and plant 
products ; to enable the Secretary of Agriculture to establish and maintain quarantine 
districts for plant diseases and insect pests ; to permit and regulate the movement of 
fruits, plants, and vegetables therefrom, and for other purposes. 

Be it enacted by the Senate and House of Rcpresentatircs of the United 
States of Ameriea in Congress assembled, That it shall be unlawful for any 
person to import or offer for entry into the United States any nursery stock 
unless and until a permit shall have been issued therefor by the Secretary of 
Agriculture, under such conditions and regulations as the said Secretary of 
Agriculture may prescribe, and unless such nursery stock shall be accompanied 
by a certificate of inspection, in manner and form as required by the Secretary 
of Agriculture, of the proper official of the country from which the importation 
is made, to the effect that the stock has been thoroughly inspected and is be- 
lieved to be free from injurious plant diseases and insect pests : Provided, That 
the Secretary of Agriculture shall issue the permit for any particular importa- 
tion of nursery stock when the conditions and regulations as prescribed in this 
act shall have been complied with: Provided further. That nursery stock may 
be imported for experimental or scientific purposes by the Department of Agri- 
culture upon such conditions and under such regulations as the said Secretary 
of Agriculture may prescribe : And provided further. That nursery stock imported 
from countries where no official system of inspection for such stock is main- 
tained may be admitted upon such conditions and under such regulations as the 
Secretary of Agriculture may prescribe. 

Sec. 2. That it shall be the duty of the Secretary of the Treasury promptly 
to notify the Secretary of Agriculture of the arrival of any nursery stock at 
port of entry ; that the person receiving such stock at port of entry shall, im- 
mediately upon entry and before such stock is delivered for shipment or re- 
moved from the port of entry, advise the Secretary of Agriculture or, at his 
direction, the proper State, Territorial, or District official of the State or Ter- 
ritory or the District to which such nursery stock is destined, or both, as the 
Secretary of Agriculture may elect, of the name and address of the consignee, 
the nature and quantity of the stock it is proposed to ship, and the country and 
locality where the same was grown. That no person shall ship or offer for ship- 
ment from one State or Territory or District of the United States into any other 
State or Territory or District, any nursery stock imported into the United 
States without notifying the Secretary of Agriculture or, at his direction, the 
proper State, Territorial, or District official of the State or Territory or Dis- 
trict to which such nursery stock is destined, or both, as the Secretary of Agri- 
culture may elect, immediately upon the delivery of the said stock for ship- 
ment, of the name and address of the consignee, of the nature and quantity 
of stock it is proposed to ship, and the country and locality where the same was 
grown, unless and until such imported stock has been inspected by the proper 
official of a State, Territory, or District of the United States. 

Sec. 3. That no person shall import or offer for entry into the United States 
any nursery stock unless the case, box. i)ackage, crate, bale, or bundle thereof 
shall be plainly and correctly marked to show the general nature and quantity 
of the contents, the country and locality where the same was grown, the name 
and address of the shipper, owner, or person shipping or forwarding the same, 
and the name and address of the consignee. 

Sec. 4. That no person shall ship or deliver for shipment from one State or 
Territory or District of the United States into any other State or Territory or 
District any such imported nursery stock the case, box, package, crate, bale, or 
bundle whereof is not plainly marked so as to show the general nature and 
quantity of the contents, the name and address of the consignee, and the country 
and locality where such stock was grown, unless and until such imported stock 
87869—17 



A. r- ■ I 

2 PLANT QUARANTINE ACT. ' /\ ^ \ 

has l)een iiisi)ectetl by the projjer official of a State, Territory, or District of 
the United States. 

Sec. 5. That whenever the Secretary of Af,'riculture shall determine that the 
unrestricted importation of any plants, frnits, vegetables, roots, bulbs, seeds, 
or other plant products not included by the term " nursery stock " as defined 
in section six of this act may result in the entry into the United States or any 
of its Territories or District of injurious plant diseases or insect pests, he shall 
promulgate his determination, specifying the class of plants and plant products 
the importation of which shall be restricted and the country and locality where 
they are grown, and thereafter, and until such promulgation is withdrawn, such 
plants and plant products imported or offered for import into the United States 
or any of its Territories or Districts shall be subject to all the provisions of 
the foregoing sections of this act : Provided, That before the Secretary of Agri- 
culture shall pronndgate his determination that the unrestricted importation of 
any plants, fruits, vegetables, roots, bulbs, seeds, or other plant products not 
included by the term " nursery stock " as defined in section six of this act 
may result in the entry into the United States or any of its Territories or Dis- 
tricts of injurious plant diseases or in.sect pests he shall, after due notice, give 
a pul)lic hearing, under such rules and regulations as he shall prescribe, at 
which hearing any interested party may appear and be heard, either in person 
or by attorney. 

Sec. 6. That for the purpose of this act the term " nursery stock " shall in- 
clude all field-grown florists' stock, trees, shrubs, vines, cuttings, grafts, scions, 
buds, fruit pits and other seeds of fruit and ornamental trees or shrubs, and 
other plants and plant products for propagation, except field, vegetable, and 
flower .seeds. be<lding plants, and other herbaceous plants, bulbs, and roots. 

Sec. 7. That whenever, in order to prevent the introduction into the United 
States of any tree, plant, or fruit disease or of any injurious insect, new to or; 
not theretofore widely prevalent or distributed within and throughout the\ 
United States, the Secretary of Agriculture shall determine that it is necessary 
to forbid the importation into the United States of any class of nursery stock 
or of any other cla.ss of plants, fruits, vegetables, roots, bulbs, seeds, or other 
plant products from a country or locality where such disease or insect infesta- 
tion exists, he shall promulgate such determination, specifying the country and 
locality and the class of nursery stock or other class of plants, fruits, vegetables, 
roots, bulbs, seeds, or other plant products which, in his opinion, should be 
excluded. Following the promulgation of such determination by the Secretary 
of Agriculture, and until the withdrawal of the said promulgation by him, 
the importation of the class of nursery stock or of other class of plants, fruits, 
vegetables, roots, bulbs, .seeds, or other plant products specified in the said 
promulgation from the country and locality therein named, regardless of the 
use for which the same is intended, is hereby prohibited ; and until the with- 
drawal of the said promulgation by the Secretary of Agriculture, and notwith- 
standing that such cla.ss of nursery stock, or other class of plants, fruits, 
vegetables, roots, bulbs, seeds, or other plant products be accompanieil by a 
certificate of inspection from the country of importation, no person shall import 
or offer for entry into the United States from any country or locality specified 
In such pronuilgation, any of the class of nursery stock or of other class of 
plants, fruits, vegetables, roots, bulbs, seeds, or other plant products named 
therein, regardle.ss of the use for which the same is intended : Provided, That 
before the Secretary of Agriculture shall promulgate his determination that 
it is necessary to forbid the importation into the United States of the articles 
named in this section he shall, after due notice to interested parties, give a 
public hearing, under such rules and regulations as he shall prescribe, at which 
hearing any interested party may appear and be heard, either in person or by 
attorney : Provided further, That the quarantine provisions of this section, as 



\ 




plants fruits, vegetables, roots, bulbs, .seeds, or other plant products of which 
the importation may be forbidden from any country or locality under the pro- 
visions of section seven of the Plant Quarantine Act approved August twentieth, 
nineteen hundretl and twelve (Thirty-seventh Statutes, page three hundred and 
fifteen) may be imported for experimental or scientific purposes by the Depart- 
ment of Agriculture upon such conditions and under such regulations as the 
said Secretary of Agriculture may prescribe. 

0. p^i>. 
JUN ,12 1917 



rv^ - PLANT QUARANTINE ACT. _ 3 

Sec. 8. That the Secretary of Agriculture is authorized and directed to quar- 
Jintine any State, Territory, or District of the United States, or any portion 
- thereof, when he shall determine that such quarantine is necessary to prevent 
r the spread of a dangerous plant disease or insect infestation, new to or not 
^ theretofore widely prevalent or distributed within and throughout the United 
^ states ; and the Secretary of Agriculture is directed to give notice of the estab- 
* lishiuent of such quarantine to common carriers doing business in or through 
such quarantined area, and shall publish in such newspapers in the quarantined 
area as he shall select notice of the establishment of quarantine. That no per- 
.'-on shall ship or offer for shipment to any common carrier, nor shall any com- 
mon carrier receive for transportation or transport, nor shall any person carry 
or transport from any quarantined State or Territory or District of the United 
States, or from any quarantined portion thereof, into or through any other 
State or Territory or District, any class of nursery stock or any other class 
of plants, fruits, vegetables, roots, bulbs, seeds, or other plant products, or any 
class of stone or quarry products, or any other article of any character whatso- 
ever, capable of carrying any dangerous plant disease or insect infestation, 
specified in the notice of quarantine except as hereinafter provided. That it 
5hall be unlawful to move, or allow to be moved, any class of nursery stock or 
any other class of plants, fruits, vegetables, roots, bulbs, seeds, or other plant 
products, or any class of stone or quarry products or any other article of any 
character whatsoever, capable of carrying any dangerous plant disease or insect 
infestation, specified in the notice of quarantine hereinbefore provided, and 
regardless of the use for which the same is intended, from any quarantined 
State or Territory or District of the United States or quarantinal portion 
thereof, into or through any other State or Territory or District, in manner or 
method or under conditions other than those prescribed by the Secretary of 
Agriculture. That it shall be the duty of the Secretary of Agriculture, when the 
public interests will permit, to make and promulgate rules and regulations 
which shall permit and govern the inspection, disinfection, certification, and 
method and manner of delivery and shipment of the class of nursery stock or 
of any other class of plants, fruits, vegetables, roots, bulbs, seeds, or other plant 
products, or any class of stone or quarry products, or any other article of any 
I'haracter whatsoever, capable of carrying any dangerous plant disease or insect 
infestation, specified in the notice of quarantine hereinbefore provided, and re- 
gardless of the use for which the same is intended, from a quarantined State or 
Territory or District of the United States, or quarantined portion thereof, into 
or through any other State or Territory or District ; and the Secretary of Agri- 
culture shall give notice of such rules and regulations as hereinbefore provided 
in this section for the notice of the establishment of quarantine : Provided. That 
before the Secretary of Agriculture shall promulgate his determination that it is 
necessary to quarantine any State, Territory, or District of the United States, 
or portion thereof, under the authority given in this section, he shall, after due 
notice to interested parties, give a public hearing under such rules and regula- 
tions as he shall prescribe, at which hearing any interested party may appear 
and be heard, either in person or by attorney. 

Sec. 9. That the Secretary of Agriculture shall make and promulgate such 
rules and regulations as may be necessary for carrying out the purposes of 
this act. 

Sec. 10. That any person who .shall violate, any of the provisions of this act, 
or who shall forge, counterfeit, alter, deface, or destroy any certificate provided 
for in this act or in the regulations of the Secretary of Agriculture, shall be 
deemed guilty of a misdemeanor and shall, upon conviction thereof, be punished 
by a fine not exceeding $500 or by imprisonment not exceeding one year, or both 
such fine and imprisonment, in the discretion of the court: I'rovided. That no 
common carrier shall be deemed to have violated the provisions of any of the 
foregoing sections of this act on proof that such carrier did not knowingly re- 
ceive for transportation or transport nursei-y stock or other plants or plant prod- 
ucts as such from one State. Territory, or District of the United States into or 
through any other State, Territory, or District ; and it shall be the duty of the 
United States attorneys diligently to prosecute any violations of this act which 
are brought to their attention by the Secretary of Agriculture or which come to 
their notice by other means. 

Sec. 11. That the word " person " as used in this act shall be construetl to 
Import both the plural and the singular, as the case demands, and shall include 
corporations, companies, societies, and associations. When construing and en- 
forcing the provisions of this act, the act, omission, or failure of any officer, 



PLANT QUAEANTINE ACT. 



LIBRARY OF CONGRESS 



020 973 101 



agent, or other person acting for or employed by any corporation, company, 
society, or association, witliin the scope of his employment or office, shall in 
every case be also deemed to be the act, omission, or failure of such corporation, I 
company, society, or association as well as that of the person. 

Sec. 12. That for the purpose of carrying out the provisions of this act there I 
shall be appointed by the Secretary of Agriculture from existing bureaus and 
offices in the Department of Agriculture, including the Bureau of Entomology, the 
Bureau of Plant Industry, and the Forest Service, a Federal Horticultural Board ' 
consisting of five members, of whom not more than two shall be appointed from | 
any one bureau or office, and who shall serve without additional compensation. 

Sec. 13. That there is hereby appropriated, out of the moneys in the Treasury 
not otherwise appropriated, to be expended as the Secretary of Agriculture may 
direct, for the purposes and objects of this act, the sum of $25,000. 

Sec. 14. That this act shall become and be effective from and after the first 
day of October, nineteen hundred and twelve, except as herein otherwise 
provided. 



WASHINGTON : GOVERNMBNX PKINXING OFFXCB : 1817 



020 9" 



Metal Edge, Inc. 2007 RA.T. 



LIBRftRY OF CONGRESS 



020 973 101 %. 



